(1) Where, in order to determine whether evidence adduced by a party is relevant depends on the court making some other finding, including a finding that the evidence is what the party claims it to be, the court may find that the evidence is relevant—
(a) if it is reasonable to make that finding; or
(b) subject to further evidence being admitted such that, at some later stage of the proceedings, it will be reasonable to make that finding.
(Amended by Act 16 of 2006)
(2) Without limiting subsection (1), where the relevance of evidence of an act done by a person depends on the court making a finding that the person and one or more other persons had a common purpose to effect an unlawful conspiracy, the court may use the evidence itself in determining whether such a common purpose existed.